Attorney Conflict of Interest

When an attorney has a conflict of interest in a divorce case, it means that there is a situation where the attorney's personal or professional interests may interfere with their ability to represent their client effectively and impartially. Attorneys are bound by ethical obligations to provide impartial representation to their clients, meaning they must act in their clients' best interests without any conflicting loyalties or biases. However, if an attorney has a conflict of interest, they may be unable to fulfill this obligation fully.

Conflicts of interest in divorce cases can arise in various forms. For example, an attorney may have a personal relationship with one of the parties involved in the divorce, such as a friendship or familial connection, which could compromise their ability to provide objective advice and representation. Similarly, if the attorney has previously represented the other party in a related matter, this could create a conflict of interest. When you first call an attorney’s office to set up a consult they will typically ask for your spouse’s name to “run a conflicts check.” If your spouse has already met with this attorney, they will likely not be able to meet with you so as not to create a conflict of interest.

When an attorney has a conflict of interest, there is a risk that their judgment and decision-making could be influenced by factors other than their client's best interests. This can lead to compromised representation and may ultimately harm the client's case. If an attorney becomes aware of a conflict of interest during representation, they are obligated to disclose it to their client and take appropriate action to address the conflict, which may include withdrawing from representation.

Recognizing and addressing conflicts of interest is essential to protecting the integrity of the attorney-client relationship and ensuring that clients receive competent and ethical representation. If you suspect that your attorney may have a conflict of interest in your divorce case, it's important to raise your concerns with them promptly and seek guidance on how to proceed in safeguarding your interests.  It's crucial for attorneys to identify and address conflicts of interest proactively to uphold their ethical obligations and ensure that clients receive the best possible legal representation.